Shown verbatim: the complete text as captured from the official PDF posted by the Tennessee General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the chaptered version. The official bill page.
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~tate of ~ennessee
PUBLIC CHAPTER NO. 761
HOUSE BILL NO. 2194
By Representatives Zachary, Maberry, Raper, Bricken, Reneau
Substituted for: Senate Bill No. 2259
By Senators Lowe, Crowe, Rose
AN ACT to amend Tennessee Code Annotated, Title 49, Chapter 7; Title 49, Chapter 8
and Title 49, Chapter 9, relative to public institutions of higher education.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 49, Chapter 7, Part 1, is amended by
adding the following as a new section:
Each public institution of higher education shall adopt policies to preserve the
essential principles of institutional neutrality, free expression, and civil discourse, and to
preserve a campus climate that allows for the free expression of all viewpoints with
respect. The policies adopted pursuant to this section must be posted on the institution's
website.
SECTION 2. Tennessee Code Annotated, Section 49-8-301 (b), is amended by deleting
subdivision (4).
SECTION 3. Tennessee Code Annotated, Section 49-8-302, is amended by deleting the
section and substituting:
(a) The general assembly finds and declares that:
(1) Academic tenure serves as an important safeguard for academic
freedom, the advancement of knowledge, and the protection of intellectual
• independence in public institutions of higher education;
(2) The safeguarding of tenure must be balanced with the responsibility of
institutional leadership to ensure accountability, integrity, and appropriate
professional conduct within the faculty;
(3) The processes of tenure and disciplinary action against a faculty
member for cause are distinct in purpose and effect, and must remain separate
to protect both academic freedom and administrative authority; and
(4) It is the intent of the general assembly to affirm that administrators of
public institutions and governing boards possess clear authority to discipline or
remove faculty members for cause, while preserving the independence of tenure
decisions from disciplinary actions.
(b) The board of regents and each state university board shall adopt and
implement policies that clearly distinguish between tenure decisions and disciplinary
actions for faculty members.
(c) The policies adopted pursuant to subsection (b) must:
(1) Ensure that awarding, denial, or revocation of tenure is not used as a
form of discipline;
(2) Ensure that disciplinary actions do not alter or suspend a faculty
member's tenure status except as provided by institutional policy and after
providing the faculty member due process;
HB2194
(3) Provide disciplinary procedures that are the same for tenured and
non-tenured faculty for a faculty member's misconduct;
(4) Ensure due process for a faculty member; and
(5) Comply with applicable state and federal law.
(d) The chief executive officer or chief academic officer of an institution governed
by a state university board or board of regents retains the authority to impose
disciplinary actions, including suspension or termination for cause, on faculty members
who violate institutional policies or professional standards, regardless of whether the
faculty member is tenured or non-tenured, that are consistent with the policies adopted
by the governing board pursuant to subsection (b).
(e) Prior to termination or suspension based on an allegation of misconduct, a
tenured or non-tenured faculty member is only entitled to a written notice of the grounds
for termination or suspension and an opportunity to be heard by the institution's chief
academic officer or chief executive officer. All terminations and suspensions based on
an allegation of misconduct by the tenured or non-tenured faculty must be made by the
institution's chief executive officer or chief academic officer without any recommendation
or vote by another faculty member at the institution.
(f) This section does not limit the authority of the board of regents or a state
university board to deny tenure based on performance, qualifications, or institutional
needs if the decisions are made independently of any disciplinary proceedings.
SECTION 4. Tennessee Code Annotated, Section 49-8-303, is amended by deleting the
section.
SECTION 5. Tennessee Code Annotated, Section 49-8-304(a), is amended by adding
"prior to July 1, 2026," after "for cause".
SECTION 6. Tennessee Code Annotated, Section 49-9-209(d)(1)(H), is amended by
deleting the subdivision and substituting:
(H) Have authority to adopt policies governing the granting and removal of tenure
for faculty members consistent with § 49-9-108;
SECTION 7. Tennessee Code Annotated, Title 49, Chapter 9, Part 1, is amended by
adding the following as a new section:
49-9-108.
(a) The general assembly finds and declares that:
(1) Academic tenure serves as an important safeguard for academic
freedom, the advancement of knowledge, and the protection of intellectual
independence in public institutions of higher education;
(2) The safeguarding of tenure must be balanced with the responsibility of
institutional leadership to ensure accountability, integrity, and appropriate
professional conduct within the faculty;
(3) The processes of tenure and disciplinary action against a faculty
member for cause are distinct in purpose and effect, and must remain separate
to protect both academic freedom and administrative authority; and
(4) It is the intent of the general assembly to affirm that the board of
trustees of the University of Tennessee system and administrators of the
institutions possess clear authority to discipline or remove faculty members for
cause, while preserving the independence of tenure decisions from disciplinary
actions.
(b) If the board of trustees of the University of Tennessee system adopts a policy
to award tenure pursuant to § 49-9-209(d)(1)(H), then the board of trustees shall adopt
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HB2194
and implement policies that clearly distinguish between tenure decisions and disciplinary
actions for faculty members.
(c) The policies adopted pursuant to subsection (b) must:
(1) Ensure that awarding, denial, or revocation of tenure is not used as a
form of discipline;
(2) Ensure that disciplinary actions do not alter or suspend a faculty
member's tenure status except as provided by institutional policy and after
providing the faculty member due process;
(3) Provide disciplinary procedures that are the same for tenured and
non-tenured faculty for a faculty member's misconduct;
(4) Ensure due process for a faculty member; and
(5) Comply with applicable state and federal law.
(d) The chief executive officer or chief academic officer of an institution governed
by the board of trustees of the University of Tennessee system retains the authority to
impose disciplinary actions, including suspension or termination for cause, on faculty
members who violate institutional policies or professional standards, regardless of
whether the faculty member is tenured or non-tenured, that are consistent with the
policies adopted by the board of trustees pursuant to subsection (b).
(e) Prior to termination or suspension based on an allegation of misconduct, a
tenured or non-tenured faculty member is only entitled to a written notice of the grounds
for termination or suspension and an opportunity to be heard by the institution's chief
academic officer or chief executive officer. All terminations and suspensions based on
an allegation of misconduct by the tenured or non-tenured faculty must be made by the
institution's chief executive officer or chief academic officer without any recommendation
or vote by another faculty member at the institution.
(f) This section does not limit the authority of the board of trustees to deny tenure
based on performance, qualifications, or institutional needs if the decisions are made
independently of any disciplinary proceedings.
SECTION 8. For purposes of adopting policies, this act takes effect upon becoming a
law, the public welfare requiring it. For all other purposes, this act takes effect July 1, 2026, the
public welfare requiring it, and applies to the 2026-2027 academic year and each academic year
thereafter.
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HOUSE BILL NO. 2194
PASSED: March 23, 2026
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CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
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' - - - RANDY MCNA~Y
SPEAKER OF THE SENATE
f¾x,"\ APPROVED this \\otJ-. day of 2026
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BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.